Hooper v. Inhabitants of Bridgewater
Massachusetts Supreme Judicial Court
Whit of entry, dated February 25, 1868, to recover a parcel of land in that part of Bridgewater called Titicut. Plea nu* disseisin, with a specification of defence that the tenants had taken the demanded premises for a school-house, by virtue of proceedings in 1866, under the Gen. Sts. c. 38. In October 1868 the tenants filed a second specification of defence, setting up a taking of the premises for a school-house under the statute by virtue of proceedings in August and…
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Whit of entry, dated February 25, 1868, to recover a parcel of land in that part of Bridgewater called Titicut. Plea nu* disseisin, with a specification of defence that the tenants had taken the demanded premises for a school-house, by virtue of proceedings in 1866, under the Gen. Sts. c. 38. In October 1868 the tenants filed a second specification of defence, setting up a taking of the premises for a school-house under the statute by virtue of proceedings in August and September 1868. At the trial, at February term 1869 of the superior court, before Scudder, J., it appeared that, up to the…
1Opinion of the CourtChapman, C. J.
It is well settled that in a real action judgmerib must be rendered upon the title as it was at the date of the writ. The tenant cannot set up a title acquired by a deed m»dc ív mm without the demandant’s concurrence since the commencement of the suit. Andrews v. Hooper, 13 Mass. 472. Hall v. Bell, 6 Met. 431. Tainter v. Hemenway, 7 Cush. 573. Curtis v. Francis, 9 Cush. 427. The title acquired by these tenants by taking the land during the pendency of the action, by virtue of the Gen. Sts. c. 38, § 38, was without the demandant’s concurrence, and was transferred by the exercise of a power…
2Cases cited1 opinion
- Andrews v. HooperMassachusetts Supreme Judicial Court · 1816
3Cited by14 opinions
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- State Ex Rel. Gardner v. HallSupreme Court of Missouri · 1920
- Green v. BissellSupreme Court of Connecticut · 1907
- Bancroft Trust Co. v. CananeMassachusetts Supreme Judicial Court · 1930
- Foley v. City of HaverhillMassachusetts Supreme Judicial Court · 1887
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